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ADR and access to justice

Analysis of the theoretical underpinnings and practical realities of the various ADR mechanisms, their differences and their impact on the new understanding of access to justice.

Adapting the process to new legal conflicts

The constitution of legal relations through the information society, telematic communications and the existence of conflicts whose agents operate exclusively in the digital sphere, requires that the means of protection of the subjects involved in this conflict be adapted to the same.

Arbitration: general and special arbitrations

Analysis of the theoretical foundations and practical reality of private arbitration.

Civil and commercial mediation

Analysis of the theoretical foundations and practical reality of mediation in civil and commercial matters.

Consumer mediation

Analysis of the theoretical foundations and practical realities of consumer mediation.

Delimitation and scope of Article 24 of the Constitution, with special attention to the jurisprudence of the Constitutional Court

Article 24 of the Spanish Consitution is the article most frequently invoked in constitutional appeals, which contains the most important list of fundamental rights of a procedural nature in our legal system, and a study that updates its complex content in the light of case law is essential.

Delimitation, scope and nature, if any, of the right to effective remedy

Lately, the existence of a supposed fundamental right to effective protection has been asserted, based on Article 24.1 of the Spanish Constitution. A rigorous study is necessary in order to reach a conclusion in this resepct, which makes access to the process compatible with other complementary instruments.

Environmental regulation

Horizontal and sectoral legal techniques for environmental protection.

 

Instruments for civil justice in mass litigation. In particular, representative actions and the witness-procedure regimes

The creation of legal relations in a standardised way, which is in turn a consequence of mass industrial production, generates conflicts in relation to a multiplicity of people who are affected by a common cause. The civil justice system must articulate mechanisms that allow it to provide legal protection to the citizen without undermining due process, while optimising the resources available to it to respond to this mass litigation.

International commercial arbitration

Analysis of the theoretical foundations and practical realities of international commercial arbitration.

International legal cooperation

This kind of cooperation is necessary in a globalised world. To this must be added the areas of political and ecnomic integration, such as the EU. The free movement of people and goods and effective international judicial protection make cooperation between states essential.

Investment protection arbitration

Analysis of the theoretical foundations and practical realities of investment protection arbitration.

Mediación en materia de propiedades especiales

Analysis of the theoretical foundations and practical realities of special property mediation.

Process and means complementary to jurisdiction

This line of research will deal with complementary means -mediation, arbitration and conciliation-, from a strictly procedural perspective. Firstly, it will analyse their compatibility with the right to judicial protection, their inclusion in the different processes and their impact on them.

Renewable energies

Techniques for regulating renewable energies.

Retail investor

The securities market, banking and insurance are areas where products are developed aimed at inexperienced consumers, whose profile fits in with the new specific regulations born out of the European financial supervisory structures.

Spatial and urban planning

Legal techniques for spatial planning, including the coastal zone and the marine environment.